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There are a lot of competent people diagnosed with schiz walking among us. It does not mean that we agree with their choices. I read on a homeless ministry site that most homeless have mental health issues with schiz PD one of the most prevalent.
Brother would have to willingly sign for you to have a POA, but he would be able to revoke it when he got mad with you for taking his $ away.
If you feel he is truly incompetent, then you can try to get guardianship which is a huge step in taking away people's legal rights and almost impossible to do.
If he's committed involuntarily, and you get an emergency guardianship, you might be able to create a trust that only pays out a little per month, but it would be hugely expensive and that might not keep him off the streets if he's addicted. Consult with atty to make a plan before you go this route!
If a parent knows his progeny to be unstable, there should be a trust created in the will. My FIL knew my SIL had a problem and created a trust for her inheritance so that she can't spend it all at once. She's livid, but her inheritance is protected.
I agree. You might check with an experienced attorney about filing with the court for Guardianship, but, that's pretty intensive. I would fully explore just how daunting and thankless that job would be. I think that I would rather explore the idea of creating a trust for him and his expenses. Make sure the attorney is very familiar with Trusts and how they work. That way, the funds will be out of his control and used only for certain needs, which can be detailed, such as education, housing, food, etc.
He is functionally independent and by no means would I commit him, but when he is spending money he will need when his 10 y/o truck (manual transmission mind you) with currently 125k miles on it & he will be 69 this year and he is purchasing frivolous tapes on Indian Science for over $100 bucks, and that is only the beginning. He hasn't seen a doctor or a dentist in 35 yrs & he has high blood pressure. I don't want nor need his money but would like to make sure it is there for him. I can't reason with him, told him today our mother, a depression baby and a member of the greatest generation, would not want her hard earned savings spent that way. It's very sad. He has me no matter what but he is not capable of reasonable thought but is really a very nice guy. Thank you. Any other input is welcome. He is no danger to anyone.
If there is a chance that down the road, he could need assistance like Medicaid, make sure you let the attorney know, so they can help you plan with that in mind.
Basically, you are saying that you don't agree with his choices to spend money on things that are legal that bring him some form of happiness, and you don't agree with his choice to not pursue Western medicine.
If he is self neglecting - no water/heat/toilet, eating rotten food, living in a house which would not be accessible by firefighters or EMTs - then call APS with that. If he is not self-neglecting, which has a very narrow definition, it's legal to be stupid. And, "can't fix stupid."
Don't guilt him about his choices or he will chose not to associate with you either. That's what your statement "I told him today our mother, a depression baby and a member of the greatest generation, would not want" is - a guilt trip which pushes him away. Instead, keep the channels of communication open.
I strongly advise you find a CBT / talk therapist to teach to how you can more effectively communicate with him. Talk therapists are great for a specific goal like, "how do I talk to my schiz brother effectively" rather than some vague touchy feel-y psychobabble issue. A therapist will have taken classes in effective communication with mental illness patients obviously and can share those techniques. Insurance often pays for those "therapy" sessions though they really benefit brother's and your relationship.
And really, a manual truck with only 125K miles that's 10 years old - it can probably go another 20 years & outlive him. Those manuals can last 250-400k miles! Men and their trucks have special relationships. :)
Good idea about finding a CBT therapist to teach me more effective communication. What happens if he has a stroke or another episode that prohibits his dexterity and has a manual transmission? I am a planner and think ahead as he won't. That is my point with his car. You are saying he should spend all his money on unnecessary items so he ends up destitute because he is "stupid"? I don't understand your response.
Shane, I can understand your concern. I just roll my eyes whenever my sig other grown children run out and buy something they really can't afford. They are always getting new cars every couple of years. Both sig other and I both own vehicles that are 21 years old, both with over 100k miles, and hardly any major repairs. I plan to drive mine until the wheels fall off I like that vehicle so much :)
If your late parents had concern about your brother spending money they would have placed your brother's inheritance into a Trust where the Trustee would only give a small amount of the money out to your brother over time.
My sig other has his grown children's inheritance sitting in a trust mainly because if said money was handed out all at once, they both would spend like there is no tomorrow. And the both are healthy, married, with children.
If your brother has a stroke and can't drive his manual, maybe he shouldn't drive. And it's his choice how to spend his money. If you disagree with what he spends it on, that is fine too. But he's not obligated to follow your rules about spending money & going to drs.
If Mama wanted her money spent a certain way, she could have protected it by trust. Even better, she could have spent it all herself. Dr. Julian Stanley, economist and sociologist, found that of those families who receive a large inheritance, the money is gone by end of 3rd generation. Your brother is simply following in the paths many have followed before him.
Surprise, please read my posts thoroughly before you post a response, as you apparently didn't read it correctly. And there is no need for a snarky attitude either. His "inheritance" is less than $30K, not a lot of money. Thank you and have a great day. If you have nothing nice to say, please say nothing at all.
Drumroll, please.... SURPRISE!! (Grumpy old "lady" in photo pops out of cake).
She's snarky.
The other things are simply an explanation of boundary respect. Your brother can't be told what to do or how to spend his money, which is no longer your mother's, by anyone. You are looking for ways to control his spending. He's setting boundaries you don't like.
I'm sorry if you think that it's snarky for me to point out these things. You asked for opinions by posting here.
A great book for people looking to increase their boundary setting ability as well as boundary recognition is Boundaries, by Townsend and Cloud. Many public libraries have it for no charge.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Brother would have to willingly sign for you to have a POA, but he would be able to revoke it when he got mad with you for taking his $ away.
If you feel he is truly incompetent, then you can try to get guardianship which is a huge step in taking away people's legal rights and almost impossible to do.
If he's committed involuntarily, and you get an emergency guardianship, you might be able to create a trust that only pays out a little per month, but it would be hugely expensive and that might not keep him off the streets if he's addicted. Consult with atty to make a plan before you go this route!
If a parent knows his progeny to be unstable, there should be a trust created in the will. My FIL knew my SIL had a problem and created a trust for her inheritance so that she can't spend it all at once. She's livid, but her inheritance is protected.
If he is self neglecting - no water/heat/toilet, eating rotten food, living in a house which would not be accessible by firefighters or EMTs - then call APS with that. If he is not self-neglecting, which has a very narrow definition, it's legal to be stupid. And, "can't fix stupid."
Don't guilt him about his choices or he will chose not to associate with you either. That's what your statement "I told him today our mother, a depression baby and a member of the greatest generation, would not want" is - a guilt trip which pushes him away. Instead, keep the channels of communication open.
I strongly advise you find a CBT / talk therapist to teach to how you can more effectively communicate with him. Talk therapists are great for a specific goal like, "how do I talk to my schiz brother effectively" rather than some vague touchy feel-y psychobabble issue. A therapist will have taken classes in effective communication with mental illness patients obviously and can share those techniques. Insurance often pays for those "therapy" sessions though they really benefit brother's and your relationship.
And really, a manual truck with only 125K miles that's 10 years old - it can probably go another 20 years & outlive him. Those manuals can last 250-400k miles! Men and their trucks have special relationships. :)
You are saying he should spend all his money on unnecessary items so he ends up destitute because he is "stupid"? I don't understand your response.
If your late parents had concern about your brother spending money they would have placed your brother's inheritance into a Trust where the Trustee would only give a small amount of the money out to your brother over time.
My sig other has his grown children's inheritance sitting in a trust mainly because if said money was handed out all at once, they both would spend like there is no tomorrow. And the both are healthy, married, with children.
If Mama wanted her money spent a certain way, she could have protected it by trust. Even better, she could have spent it all herself. Dr. Julian Stanley, economist and sociologist, found that of those families who receive a large inheritance, the money is gone by end of 3rd generation. Your brother is simply following in the paths many have followed before him.
She's snarky.
The other things are simply an explanation of boundary respect. Your brother can't be told what to do or how to spend his money, which is no longer your mother's, by anyone. You are looking for ways to control his spending. He's setting boundaries you don't like.
I'm sorry if you think that it's snarky for me to point out these things. You asked for opinions by posting here.
A great book for people looking to increase their boundary setting ability as well as boundary recognition is Boundaries, by Townsend and Cloud. Many public libraries have it for no charge.